ClimateChange-ClimateLaw

JUNE 23, 2021

Litigators responded to the Trump administration’s climate deregulation agenda by filing hundreds of lawsuits across the U.S. over the four years of the administration. Climate Litigation in the Age of Trump: Full Term , takes stock of 378 U.S. Climate Litigation in the Age of Trump: Full Term , takes stock of 378 U.S.

Litigation 84

Litigation Litigating Government Administrative Law 84

SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.

Stare Decisis 145

Stare Decisis Court Statute Government 145

SCOTUSBlog

APRIL 22, 2024

Share Union organizing efforts at Starbucks probably are the most protracted labor dispute of the decade, and on Tuesday the Supreme Court will hear argument in a closely watched case arising from the company’s firing of seven employees at a Memphis branch. The NLRB responded by filing an administrative complaint.

Court 115

Court Government Legal Legal 115

JURIST

JANUARY 18, 2021

The Indian Supreme Court on Monday issued notice in a petition challenging the All India Bar Examination Rules 2010 which require an advocate to qualify for the All India Bar Examination (AIBE) within two years after enrolment to a State Bar Council. Bar Council of India and Indian Council of Legal Aid & Advice v. Bar Council of India.

Bar Exam 118

Bar Exam Court Administrative Law Constitutional Law 118

Law 360

JULY 18, 2022

Supreme Court's decision in West Virginia v.

Administrative Law 75

Administrative Law Court Court Decisions Litigation 75

SCOTUSBlog

JULY 21, 2022

Share The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. The justices will hear the case in late November without waiting for a federal appeals court to weigh in. In a filing by U.S.

Immigration 145

Immigration Court Government Court Rules 145

SCOTUSBlog

NOVEMBER 30, 2023

Jarkesy was oddly distant from the decision of the lower court and the briefs and arguments of the parties. Court of Appeals for the 5th Circuit – vigorously defended by George Jarkesy, the target of long-running SEC proceedings – accepted three separate constitutional challenges to the SEC’s apparatus. The decision of the U.S.

Administrative Law 128

Administrative Law Litigation Litigating Laws 128

SCOTUSBlog

APRIL 23, 2021

Share The Supreme Court on Thursday firmly rejected the government’s request that the court impose an “issue-exhaustion” requirement on Social Security claimants. Saul ), all parties agreed that those claimants must take their claims first to the Social Security Administration – and these claimants did that.

Administrative Law 108

Administrative Law Statute Litigation Litigating 108

SCOTUSBlog

MAY 16, 2022

Share The Supreme Court on Monday added two new cases , both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. An administrative law judge agreed that Cochran had violated federal law, fined her over $20,000, and banned her from practicing before the SEC for five years.

Court 81

Court Administrative Law Criminal Law Government 81

SCOTUSBlog

FEBRUARY 23, 2022

Share The Supreme Court heard oral argument on Wednesday in a case involving whether a group of states can defend a contentious Trump-era immigration policy known as the “public charge” rule after the Biden administration refused to do so. After nearly 90 minutes of debate in Arizona v.

Immigration 93

Immigration Court Administrative Law Government 93

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Law 629 of 2000 on the Kyoto Protocol.

Legal 77

Legal Legal Laws Government 77

The Crime Report

OCTOBER 12, 2021

Under current laws, noncitizens convicted of serious crimes are deported. In a forthcoming paper published in the Georgetown Law Journal, David K. In a forthcoming paper published in the Georgetown Law Journal, David K. disrupts families and turns immigration services into a vehicle for crime control.

Immigration 105

Immigration Laws Felony Attorney 105

LawTechnologyToday

JUNE 21, 2021

The NFT will have to pass the Howey test, first described by the US Supreme Court in 1946. That is, of course, the SEC’s view (and not the Courts), but it no doubt sends alarms to those who think the Commission will turn a blind eye. the “others” who will bear securities law liability). These must be future efforts.

Laws 140

Laws Contract Legal Legal 140

ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

Court 77

Court Construction Laws Government 77

ClimateChange-ClimateLaw

APRIL 18, 2024

Incorporating International Climate Change Law to Maintain the ECHR’s Relevance Amid the Climate Crisis “Everything could be different – and yet there is almost nothing I can change.” Neither the Swiss Federal Administration (paras. 22–31) nor the Federal Administrative Court (paras.

Litigation 65

Litigation Litigating Court Laws 65

SCOTUSBlog

JANUARY 24, 2022

Share The Supreme Court on Monday morning issued orders from the justices’ private conference on Friday, Jan. One involves the power of federal district courts; the other tests the scope of the Clean Water Act. The justices granted a petition filed by Axon Enterprise , which makes body cameras for law enforcement.

Court 82

Court Construction Administrative Law Litigation 82

Conflict of Laws

JULY 11, 2021

From the Italian Recovery and Resilience Plan to the guidelines of the Italian Ministry of Justice, the urgency of a reform to strengthen out-of-court dispute resolution procedures clearly emerges. In this article, the author argues that these court orders are against the above-mentioned Legislative Decree. Conciliation in Arbitration.

Laws 76

Laws Litigation Litigating Court 76

Patently O

MAY 23, 2022

Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law. Prior to the mid-1990s, patent litigation took place in district court silos. Patent Case Management Goes International.

Case Management 67

Case Management Litigation Litigating Drafting 67

SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.

Stare Decisis 78

Stare Decisis Administrative Law Statute Government 78

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

Government 89

Government Statute Cause of Action Litigation 89

JonathanTurley

JANUARY 3, 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Here is the column: The late Justice Ruth Bader Ginsburg once observed that “it’s hard not to have a big year at the Supreme Court.”

Court 43

Court Litigation Litigating Laws 43

JonathanTurley

DECEMBER 8, 2022

There is an interesting case this week involving an adjunct professor at George Washington Law School, where I teach. At the time of the ruling, Abdelhady was proceeding pro se, which also proved an issue for the court to address. Abdelhady had a drawn out litigation under WCA to force payments from the university. Id. ¶ 174.

Laws 31

Laws Tort Litigation Litigating 31

SCOTUSBlog

MAY 20, 2021

Share A review of Ian Millhiser, The Agenda: How a Republican Supreme Court Is Reshaping America (Columbia Global Reports 2021). Millhiser begins the book by highlighting the Supreme Court’s present-day power and sketching the historical evolution that brought it to this point. Columbia Global Reports 2021).

Administrative Law 141

Administrative Law Court Immigration Laws 141

SCOTUSBlog

JUNE 15, 2022

Share The Supreme Court on Wednesday threw out an effort by Arizona and 12 other states with Republican attorneys general to defend a contentious Trump-era immigration policy known as the “public charge” rule after the Biden administration refused to do so. The states went to the U.S.

Immigration 94

Immigration Government Administrative Law Court 94

SCOTUSBlog

NOVEMBER 8, 2022

In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. In both cases, the targets of the agencies’ investigations did not wait for the proceedings to conclude, but instead went straight to a federal district court. 1331 was enough to resolve the case.

Statute 142

Statute Government Court Litigation 142

Constitutional Law Reporter

DECEMBER 14, 2022

The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Axon Enterprise, Inc.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

SCOTUSBlog

JULY 30, 2021

Court of Appeals for the 1st Circuit and several other circuits have developed a two-tier system for reviewing such motions. The changes sparked court challenges almost immediately. Turaani sued in district court, alleging infringement of his Second Amendment rights. In Foundation for Individual Rights in Education v.

Government 109

Government Education Litigation Litigating 109

SCOTUSBlog

JANUARY 14, 2023

Share The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. Garland , which the Supreme Court will hear on Tuesday. Court of Appeals for the 5th Circuit, where a divided panel upheld the BIA’s decision.

Immigration 75

Immigration Court Government Statute 75

Constitutional Law Reporter

JUNE 4, 2021

Supreme Court unanimously held in Carr v. Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court decided Lucia v.

Statute 52

Statute Administrative Law Entertainment Court 52

SCOTUSBlog

DECEMBER 26, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A federal district court in Missouri ruled that Molina and Vogel’s claims could go to a jury, rejecting the officers’ argument that they were entitled to qualified immunity. They sought shelter beside a neighbor’s home.

Legal 94

Legal Legal Attorney Lawyer 94

ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

Legal 62

Legal Legal Court Statute 62

SCOTUSBlog

NOVEMBER 4, 2022

Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. SEC that the ALJ’s appointment was unlawful.

Statute 107

Statute Court Entertainment Administrative Law 107

LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US.

Legal 69

Legal Legal Diligence Technology 69

Conflict of Laws

MARCH 1, 2023

This article examines the conflicts rules in question and discusses the broader private international law context of the proposed Directive, in particular the rules of jurisdiction and the mosaic approach of the CJEU for the interpretation of Article 7(2) of Regulation Brussels Ia.

Contract 52

Contract Litigation Litigating Legal 52

Patently O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen.

Lawyer 55

Lawyer Lawyers Administrative Law Laws 55

ClimateChange-ClimateLaw

OCTOBER 19, 2023

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Env’t Prot.

Statute 81

Statute Court Government Administrative Law 81

Broadcast Law Blog

MAY 6, 2023

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

Diligence 99

Diligence Government Administrative Law Litigation 99